Ask a Criminal Lawyer in Buffalo NY: “I want to move from Buffalo New York to Canandaigua but the custody order says neither party may relocate. What do I need to do to move out of Buffalo?”

In the Tropea v. Tropea ruling, the Court of Appeals emphasized a number of factors for courts to consider in making a best interest analysis in relocation cases, including but not limited to: (1) the parent’s reason for seeking the move; (2) the other parent’s reason for opposing the move; (3) the quality of the relationships between the child and each parent; (4) the impact of the move on the quality and quantity of the child’s future contact with the non-custodial parent; and (4) the feasibility of preserving the relationship between the child and noncustodial parent through meaningful access arrangements.

Criminal lawyers in buffalo new york ultimately understand, however, the presiding judge has significant discretion in any proceeding related to custody. Before making such a decision, the judge will consider all of the proof, and whether it has been established by a preponderance of the evidence that a proposed relocation would serve the child’s best interest. Criminal attorneys in buffalo new york must remember the burden of proof is on the parent wishing to relocate. In other words, the parent seeking to relocate must put forth evidence which establishes by the preponderance of the evidence that the proposed move is in the best interests of the child.